Paragraph 5 I1

(1)

A service provider is not capable of being guilty of an offence under section 63 F1, 67A F2, 67E F3or 67H in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—

(a)

the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b)

on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(2)

“Offending material” means material the possession F4or publication of which constitutes F5the offence in question.

(3)

Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Annotations

Textual amendments

F1: Word in Sch. 14 para. 5(1) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 104(3)(a), 255(1)(8)(h); S.I. 2026/1090, reg. 2(a)
F2: Word in Sch. 14 para. 5(1) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 106(3), 255(1); S.I. 2026/1090, reg. 2(c)
F3: Words in Sch. 14 para. 5(1) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 107(3), 255(1); S.I. 2026/1090, reg. 2(d)
F4: Words in Sch. 14 para. 5(2) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 104(3)(b)(i), 255(1)(8)(h); S.I. 2026/1090, reg. 2(a)
F5: Words in Sch. 14 para. 5(2) substituted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 104(3)(b)(ii), 255(1)(8)(h); S.I. 2026/1090, reg. 2(a)

Commencement

I1: Sch. 14 para. 5 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)